What is the test for determining whether a plaintiff has a probability of prevailing in a personal injury action?

California, United States of America


The following excerpt is from Phan v. Rutledge, G042983, No. 30-2009-00180152 (Cal. App. 2010):

In deciding whether plaintiff has a probability of prevailing, we consider "the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based." ( 425.16, subd. (b)(2).) Our review is de novo. (Soukup v. Law Offices of HerbertHafif (2006) 39 Cal.4th 260, 269, fn. 3.) "However, we neither 'weigh credibility [nor] compare the weight of the evidence. Rather, [we] accept as true the evidence favorable to the plaintiff [citation] and evaluate the defendant's evidence only to determine if it has defeated that submitted by the plaintiff as a matter of law.' [Citation.]" (Ibid.)

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